Subjects employees must participate in compulsory social insurance
Pursuant to the Law on Social Insurance 2014 and Decree 143/2018/ND-CP of Vietnam, the subjects required to participate in compulsory social insurance include employees (Vietnamese citizens and foreign employees), and employers. In which, employees must participate in compulsory social insurance, including:
- Employees who are Vietnamese citizens are eligible to participate in compulsory social insurance, including:
+ Persons working under indefinite-term labor contracts, definite-term labor contracts, seasonal labor contracts, or according to a certain job with a term of from full 3 months to less than 12 months; including the labor contract signed between the employer and the legal representative of the person under the age of 15 in accordance with the labor law;
+ Persons working under labor contracts with a term of from full 1 month to less than 3 months;
+ Cadres, civil servants, public employees;
+ National defense workers, public security workers, and people doing other jobs in cipher organizations;
+ Professional officers and soldiers of the People's Army; officers, professional non-commissioned officers, officers and technical non-commissioned officers of the People's Public Security; people doing cipher work receive salaries like military personnel;
+ Non-commissioned officers and soldiers of the People's Army; non-commissioned officers and soldiers of the People's Public Security who serve definite-term; Military, police and cipher students who are studying are entitled to living expenses;
+ Persons going to work abroad under the contract specified in the Law on Vietnamese employees working abroad under the contract;
+ The enterprise manager, the executive manager of the cooperative enjoys a salary;
+ People who work part-time in communes, wards and townships.
- Employees who are foreign citizens working in Vietnam are eligible to participate in compulsory social insurance when they have a work permit or a practicing certificate or a practice license issued by a competent authority of Vietnam and have a contract. employees with indefinite terms, labor contracts with a definite term of a full 1 year or more with employers in Vietnam.
If the employee is a foreigner in one of the following cases, he/she is not eligible to participate in compulsory social insurance:
+ Foreign workers moving within an enterprise are managers, executives, experts and technical workers of a foreign enterprise that has established a commercial presence in the Vietnamese territory, temporarily moving within the enterprise to have a commercial presence in the Vietnamese territory and have been employed by the foreign enterprise for at least 12 months before.
+ The employee has reached the retirement age as prescribed in Clause 1, Article 187 of the Labor Code of Vietnam.
How are employees who have occupational accidents while working but do not have insurance?
According to that regulations, if employees are in the above subjects, they must participate in compulsory social insurance. During the working period, if the employer does not pay social insurance for the employee when an occupational accident occurs, the employer is responsible for compensation and benefits according to the provisions of Article 39 of the 2015 Law on occupational safety and health of Vietnam. :
"Article 39. Employer's responsibilities for compensation and benefits in special cases when employees have occupational accidents
If the employer fails to pay occupational accident and occupational disease insurance for the employee subject to compulsory social insurance participation in accordance with the Law on Social Insurance, in addition to having to pay compensation, For benefits specified in Article 38 of this Law, the employer must pay an amount corresponding to the occupational accident and occupational disease insurance regime as prescribed in Section 3 of this Chapter when the employee suffers an accident. labor accidents and occupational diseases; The payment can be made once or monthly as agreed by the parties, in case of disagreement, it shall be done at the request of the employee."
In addition, according to Article 38 of the 2015 Law on Occupational Safety and Health of Vietnam, employers are also responsible for paying medical expenses for employees suffering from occupational accidents or occupational diseases as follows:
"2. Payment of medical expenses from first aid and emergency treatment to stable treatment for persons suffering from occupational accidents or occupational diseases as follows:
- b) Paying a fee for examination and assessment of working capacity decrease in cases where it is concluded that the working capacity decrease is less than 5% because the employer introduces the employee to undergo an assessment of the decrease in a working capacity labor at the Medical Assessment Council of Vietnam;
- c) Pay all medical expenses for employees who do not participate in health insurance;
To pay full wages to employees suffering from occupational accidents or occupational diseases and having to leave work during the period of treatment and rehabilitation;”
In conclusion, if an employee has an accident while working and does not pay insurance, the employer will be responsible for paying the entire amount of medical expenses, wages during the time off work for treatment and rehabilitation for employees suffering from occupational accidents, in addition, the employer must pay an amount corresponding to the accident insurance regime labor accidents in accordance with the law.